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MEDIUM
FISCAL

Sale of habitual home in insolvency may be exempt from IRPF if carried out via judicial mortgage enforcement

V0531-25

Prepared and reviewed by the BMC editorial team  ·  Methodology

Technical details

Type
consulta-vinculante (what is this?)
Identifier
V0531-25
Published
28 Mar 2025

Summary

The consultant asks whether selling their habitual home through auction or concursal sale in insolvency allows exemption from capital gains tax. The DGT responds that exemption applies if the transfer occurs through judicial mortgage enforcement intended to pay off the mortgage debt.

In 6 key points

Lifecycle

2025-03-28PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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